California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - November 15, 2005
| Item 05-11-01A Paraphrased Regulations |
This version of the paraphrased regulations provides 33 additions and 39 revisions to paraphrased regulations. There are also six deleted paraphrased regulations and three renumbered ones.
The major additions and revisions are to CalWORKs and food stamp quarterly reporting regulations. Several new subsections have been added to CalWORKs and food stamp quarterly reporting regulations while others have been revised to clarify language and policy.
A new issue code 527 has been added for Conlan cases.that involve Medi-Cal reimbursement issues. Issue codes 013 and 217 have been renamed "Civil rights/language issues". References to language translation issues are listed in those sections of the paraphrased regulations. If an Administrative Law Judge has a hearing with a language issue regarding the translation of forms or notices or where some other language barrier is alleged in a CalWORKs or food stamp case, please use issue code 013 or 217 as applicable.
The index for the revisions and additions to the paraphrased regulations are the following:
Issue Codes
Changes
013 Civil rights / Language Issues
217 Civil rights / Confidentiality / Language Issues
New
527 Conlin v. Shewry
Renumbered
129-10B to 129-10C
288-8 to 288-8A
288-8A to 288-8B
The following paraphrased regulations have been deleted:
Deleted
| 306-10 344-11 |
S437-5 S438-5A | S825-20 S825-21 |
Those deleted paraphrased regulations that may still be found in the HTML version are those marked with an S before them while the others will not be found because it was determined that they would not be used.
The index for the revisions and additions to the paraphrased regulation are the following:
Revised
| 019-6 | Parents/caretaker relatives are excluded from AU for eligibility and grant purposes after failure to provide immunization documentation the first of the month following timely notice, and restored the month following the month documentation is provided (40-105.4(a), (h); 40-105.5(e), (g); 40-105.4(g)) |
| 122-11A | Under QR/PB, beginning date of aid rules for new AU member (44-318.11-.16 effective July 1, 2004) |
| 129-9 | Under QR/PB, county must act on mid-quarter voluntary reports that increase aid, but not those that decrease aid except for voluntary request for discontinuance (44-316.31) |
| 129-9A | Under QR/PB, county must recalculate aid mid-quarter on verified decreases in income and must issue supplement (44-316.311 and .312(a)(4)) |
| 129-10C | Under QR/PB, if income in first or second month of quarter continues to exceed IRT, county must discontinue cash aid with timely and adequate notice (44-316.324(c) and (d)) |
| 129-11 | Under QR/PB, county initiated mid-quarter actions listed (44-316.33) |
| 150-1C | Under QR/PB, no overpayment if reasonably anticipated income is different than actual income provided recipient report complete and accurate (44-350.18) |
| 155-6 | Overpaid recipient need not use Social Security or SSI benefits to repay overpayment (Handbook 44-352.451(c); Louis v. McMahon) |
| 227-3D |
Recipient reporting responsibilities on the QR 7 (63-508.321) |
| 227-3I | Situations where QR 7 not considered fully answered (63-508.442) |
| 240-2A | Under QR/PB, county-initiated mid-quarter actions (63-509(h)) |
| 243-6 | Drug felons defined and excluded from HH (63-402.229) |
| 248-5 | Drug felons defined and excluded from HH (63-402.229) |
| 248-6 | Under QR/PB, county must delete drug/fleeing felon, parole/probation violator from PAFS household at end of month that 10-day notice is issued (63-509(b)(1)(B), (c)(1)) |
| 248-11B | Individuals convicted of felony drug use must provide proof of subsequent treatment or drug cessation as condition of eligibility for food stamps (ACL 04-59; 63-300(e)(11) and (12)) |
| 252-9 | Inclusion of income and resources of disqualified or excluded HH member (63-503.441) |
| 270-9 | Circumstances under which recipient is entitled to SUA; Amount of SUA (63-502.363; ACL 03-36; ACINs I-57-04 and I-46-05) |
| 270-15 | Standard shelter allowance, homeless HHs (63-502.351-4; 63-500.363(a)(1)(A); Handbook 63-1101.27; ACIN I-46-05) |
| 273-1 | Income deductions; standard, shelter cost, earned income, dependent care (63-503.311; ACIN I-46-05) |
| 273-6A | Under QR/PB, shelter costs are fixed at application and recertification until change reported. Utility costs are fixed except for household with SUA that may switch to actual if costs verified (63-509(a)(3)(B) and (C)) |
| 281-1A | Under QR/PB, treatment of households that move out of state/out of county (63-503.91, .911(QR)) |
| 284-3D | If new person would decrease benefits or make household ineligible, county takes no mid-quarter action, but sends notice of action reminding household to report new member on next QR 7 (63-509(f)(3) and (4)) |
| 285-4 | Under QR/PB, recipients must report within 10 days address changes and for ABAWDs reduction in work hours (63-509(b)(1)) |
| 285-5 | Under QR/PB, county action on mandatory mid-quarter reports (63-509(b)(1)(B),(c)(1) and (4)) |
| 285-6 | Under QR/PB, county only acts to increase benefits on voluntary reporting; verification is required (63-509(d)) |
| 285-6A | Under QR/PB, county must issue a "No change NOA" following a voluntary report if it cannot increase benefits (63-509(d)(7)) |
| 288-2B | When income is "reasonably anticipated" so that it can be considered for eligibility and grant/allotment purposes (63-509(a)(2)) |
| 288-2C | When income is considered to be reasonably anticipated; Times when county is required to determine what is "reasonably anticipated" income listed (63-509(a)(2)) |
| 288-3 | For fluctuating income, county must average income over the QR payment quarter. Steps listed for county to determine monthly average income (ACL 03-18, I-54-03, 63-509(a)(4)) |
| 288-4A | Under QR/PB, steps county may take to reasonably anticipate income for next QR Payment Quarter (63-509(a)(6)) |
| 288-8A | Under QR/PB, county-initiated mid-quarter actions (63-509(h)) |
| 296-7A | Recoupment of overpayment/overissuance only initiated at beginning of the quarter. (63-801.737) |
| 430-8 | FPL for 2005 (ACWDL 05-13) |
| 431-8A | Family member maximum base allocation for current and prior year (ACWDLs 04-22, 05-20) |
| 434-1 | TB program eligibility requirements (MEPM 5N; ACWDL 95-12, 95-39, 95-73, 98-02, 99-62; 01-03) |
| 434-2 | TB program net income determinations; and exceptions (MEPM 5N; ACWDL 01-03, 01-66, 02-01) |
| 437-2 | Current and prior year Medicare Part B premiums (ACWDL 03-57, 04-39) |
| 437-4A | QI-1 program sunset extended to September 30, 2005 (ACWDL 05-04) |
| 438-5 | Couples income standard can be no less than SSI/SSP couple payment standard (W&IC 14005.40(c)(1); ACWDL 02-24, 02-24E) |
Additions
| 026-4F | County duty to resolve discrepancies from QR 7 during QR 7 Reporting Period (44-316.231) |
| 036-11 | Optional foster parent child care program (ACL 05-23) |
| 071-2B | Under QR/PB, beginning date of aid for unaided father of pregnant woman who receives aid as an AU of one (44-205.122) |
| 075-4 | Under QR/PB, combining AU's mid-quarter (82-824.14) |
| 122-11B | Under QR/PB, beginning date of aid for unaided father of pregnant woman who receives aid as an AU of one (44-205.122) |
| 125-4G | MAP COLA for July 2005 only, not for August 2005 through June 2007 (ACL 05-18) |
| 129-1G | Documentation and case narrative needed to verify how reasonably anticipated income calculated (44-313.111) |
| 129-1H | County duty to resolve discrepancies from QR 7 during QR 7 Reporting Period (44-316.231) |
| 129-10B | IRT levels (44-316.32 Handbook)) |
| 129-10D | Under QR/PB, when income in excess of the IRT income will continue from third month of QR Payment Quarter (44-316.324(c)(2)) |
| 152-2D | Under QR/PB, an overpayment exists when a recipient fails to report required property information on the QR 7 or when the county fails to act on property information properly reported on the QR 7 (44-352.111(QR)) |
| 227-12C | Treatment of ineligible household member reported on QR 7 (63-508.654(c)(1) |
| 243-9 | Treatment of ineligible household member reported on QR 7 (63-508.654(c)(1) |
| 270-9A | Circumstances under which recipient is entitled to SUA; Amount of SUA (63-502.363) |
| 285-6D | Household's allotment in month of application may differ from other months of quarter (63-503.151(QR)) |
| 285-6E | When NAFS household voluntarily reports income in excess of 130% of the FPL excluding income of new household member, household is discontinued mid-quarter (63-509(d)(7)(C)) |
| 288-2E | Income reasonably anticipated during certification period counted only in month it is expected to be received unless it is averaged (63-503.242(b)(1)(QR)) |
| 288-2F | Household's allotment in month of application may differ from other months of quarter (63-503.151(QR)) |
| 288-8 | Definition of county initiated mid-quarter changes (63-102(c)(13)) |
| 288-9A | County must evaluate multiple changes separately and in order of occurrence (63-509(f)(4)) |
| 321-2B | Ending exemption for QR and Change reporting households (63-410.371-.373) |
| 321-9 | Treatment of ABAWD months for quarterly reporting (63-410.61(QR)) |
| 430-8A | FPL insert for use in decisions (ACWDL ___ ) |
| 434-5 | Current year TB income standard, resource limit, standard allocation and federal benefit rate (ACWDL 05-01) |
| 434-5A | Insert for TB income standard, resource limit, standard allocation and federal benefit rate (ACWDL_____) |
| 438-5D | Insert effective A&D FPL limit for individual and couples in 20__ (ACWDL ____) |
| 470-8 | Exemption of interest and dividend income for purposes of determining income eligibility for some SSI/SSP based Medi-Cal programs (ACWDL 05-17) |
| 487-6A | 2005 Statewide APPR for Medi-Cal transfer of property period of ineligibility (ACWDL 05-09) |
| 487-6B | Statewide APPR for Medi-Cal transfer of property period of ineligibility (ACWDL ____) |
| 527-1 | When Medi-Cal applicant incurs medical costs while application is pending, and benefits are later approved, DHS must reimburse beneficiary for out-of-pocket costs (Conlan v. Bontá) |
| 567-3A | Services authorized under IHSS Plus Waiver administered under IHSS rules (W&IC 14132.951(e)) |
| 567-9 | Exemptions under the IHSS Plus Waiver program (ACWDL 05-29) |
| 826-1D | CAPI parent to child deeming (ACIN I-68-05) |